Vietnam: Latest instructions on registration of land changes at the provincial level for settlement of mortgage contract debt, capital contribution by online method?
- What is the latest online application for registration of land changes for settlement of mortgage contract debt, capital contribution by online method?
- Latest procedures for registration of land changes for settlement of mortgage contract debt, capital contribution by online method in 2023?
- What is the time limit for settlement of registration of land changes for settlement of mortgage contract debt, capital contribution by online method?
What is the latest online application for registration of land changes for settlement of mortgage contract debt, capital contribution by online method?
Pursuant to subsection 18, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, guiding the preparation of documents for registration of land changes for settlement of mortgage contract debt, capital contribution by online method, including:
(1) An application for registration of changes in land and properties attached to land;
(2) The original of the issued Certificate, except for cases of implementing decisions or judgments of people's courts, judgment enforcement decisions of judgment enforcement agencies that have taken effect or auctioning land use rights and land-attached assets at the request of the People's Court or judgment enforcement agency without revoking the original issued Certificate;
In case the land user carries out administrative procedures for registration and issuance of the Certificate in the electronic environment, the receiving agency or the dossier-settling agency shall notify the requester to carry out administrative procedures to submit the original of the issued Certificate and the prescribed papers after the land user fulfills his financial obligations.
(3) One of the papers includes:
- Record of successful mediation (in case of successful mediation there is a change in the boundaries of the land parcel, there is also a recognition decision of the competent People's Committee) or a decision of competent state agencies on settlement of disputes, complaints and denunciations about land in accordance with law.
- The written agreement on handing over the mortgaged property (if any) and the written agreement or mortgage contract containing the agreement on handling of the mortgaged property;
- A written agreement or capital contribution contract containing the agreement on handling of assets contributed as capital and a document on handing over assets contributed as capital as agreed;
- Decisions or judgments of the People's Courts, judgment enforcement decisions of the executed judgment enforcement agencies specifying the person with the land use rights and ownership of land-attached assets;
- The written result of the auction of land use rights and land-attached assets at the request of the land user, property owner or at the request of the People's Court or executed judgment enforcement agency;
- Contract or written agreement on division or consolidation or transfer of land use rights, ownership of land-attached assets of the organization in case of division, separation, consolidation, merger of the organization, transformation company;
- Contracts or written agreements on division or consolidation of land use rights, ownership of land-attached assets of households or husband and wife, or of a group of common land users, of a group of common owners of property on land;
For cases where information on household members and marital status specified at this point must be used, the procedure-settling agency shall be responsible for exploiting and using information in the national database on population.
(4) A document on division, separation, consolidation or merger of the organization as prescribed by law, for the case of division or consolidation of the organization's land use rights and ownership of assets attached to land;
(5) The document of the members of the land-using household that agrees to transfer the household's land use right into the private enterprise, which has been notarized or authenticated in accordance with the law for the case where the household transfers the land use right into the enterprise;
(6) Land lease contract in case households and individuals bring land use rights into the enterprise.
For the case of carrying out the procedures for registration of changes in land, assets attached to land, but there is a change in information about the legal entity, ID number/citizen identity card/personal identification number, passport, address, etc. only on the granted Certificate, the land user shall submit the following additional papers:
- Copy of ID card/citizen identity card/personal identification number, passport, military ID card, other papers proving identity change in case of change of personal information of the person named on the Certificate;
In case the national data on population is shared and connected with data of sectors and fields (including the land sector the application-receiving agency uses data from the national population database without requiring the applicant to submit a copy of the ID card/citizen identity card/personal identification number, passport or other document to prove their identity.
- The document of the competent authority permitting or recognizing the change of legal entity information in case of change of information about the legal entity of the organization stated on the Certificate.
Vietnam: Latest instructions on registration of land changes at the provincial level for settlement of mortgage contract debt, capital contribution by online method? (Image from the Internet)
Latest procedures for registration of land changes for settlement of mortgage contract debt, capital contribution by online method in 2023?
Pursuant to subsection 18, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, procedures for registration of land changes for debt settlement of mortgage and capital contribution contracts by online method as follows:
(1) The dossier-receiving and handling agency shall have to carry out the administrative orders and procedures on land in accordance with the land law; In case it is necessary to inspect, verify, clarify or due to other reasons, the result of dossier settlement cannot be returned in accordance with the regulations on time for settling administrative procedures for land, the agency receiving the dossier and handling the application shall decide on the procedure for sending a notice in writing or via the Public Service Portal or via SMS to the requester, clearly stating the reason.
Land users and owners of assets attached to land are responsible for fulfilling their financial obligations as prescribed by law either directly or online through the payment function of the Public Service Portal.
The return of results of administrative procedure settlement shall be carried out at the application-receiving agency or through the public postal service or at the required location for the case of receiving dossiers and returning results of settlement of procedures for registration of land and other land-attached assets.
(2) The application-receiving agency shall record all information in the application-receiving book and return the results, hand over the application-receiving slip and return the results to the applicant.
In case the dossier is submitted at the commune-level People's Committee, within 03 working days from the date of receipt of the complete dossier, the commune-level People's Committee must transfer the dossier to the land registration office in Vietnam, branch of land registration office in Vietnam.
(3) The land registration office in Vietnam, the branch of land registration office in Vietnam are responsible for checking the dossier and, if it is in accordance with the provisions of law, perform the following tasks:
- Extracting cadastral measurements of the land plot in case there is no cadastral map, no cadastral measurement of the land plot or the receipt of the right to use part of the land parcel granted the Certificate;
- Submitting to competent agencies for land recovery, land allocation or land lease upon company transformation; division or separation of enterprises; business consolidation and merger.
- Send cadastral information to tax authorities to determine financial obligations in case of having to fulfill financial obligations as prescribed and notify collection of financial obligations;
- Notify changes in land users to the People's Committee of the district where the land is located to cancel the land lease contract signed with the household or individual for the case of households and individuals putting land use rights into enterprises.
- Confirmation on the issued Certificate; In case a certificate of land use rights and ownership of houses and other land-attached assets is required, a dossier shall be made and submitted to a competent agency for granting a Certificate of land use rights, ownership of houses and other land-attached assets if there is a need;
- Updating and adjusting changes in cadastral records, land database.
- Handing over the certificate to the land user or sending it to the commune-level People's Committee for handing in case the dossier is submitted at the commune level. In case the land user submits the application in the electronic environment, the return of the results of administrative procedure settlement shall be carried out at the application-receiving agency or through the public postal service or at the required location for the case of receiving dossiers and returning results of settlement of procedures for registration of land and other land-attached assets, granting, re-granting and re-granting the Certificate.
In case the applicant for the Certificate has died before being granted the Certificate, the person inheriting the land use right in accordance with the law on inheritance shall submit additional papers on inheritance as prescribed. The land registration office in Vietnam shall certify the inheritance in the signed Certificate or make a dossier to submit it to the competent authority for issuance of the Certificate of land use rights and ownership of houses and other land-attached assets for the heir according to regulations of the Ministry of Natural Resources and Environment. The heir has the responsibility to fulfill the financial obligations regarding the land use rights and land-attached assets in case the certificate holder dies.
(4) The Department of Natural Resources and Environment signs a land lease contract with the enterprise before carrying out the procedures for issuance of a certificate of land use rights, ownership of houses and other land-attached assets as prescribed.
What is the time limit for settlement of registration of land changes for settlement of mortgage contract debt, capital contribution by online method?
Pursuant to subsection 18, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023 stipulating the time limit for settlement of registration of land changes for settlement of mortgage contract debt, capital contribution by online method as follows:
- Be prescribed by the People's Committee of the province but not later than 10 days from the date of receipt of a valid application.
- This time does not include holidays and public holidays as prescribed by law; does not include the time to receive the dossiers at the commune, the time to fulfill the financial obligations of the land users; does not include the time for consideration and handling for the case of land use in violation of the law, the time for soliciting expertise.
- For communes in mountainous, island, deep-lying and remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time is increased by 10 days.
- Results of settlement of administrative procedures must be returned to land users and owners of property on land within 03 working days from the date of receipt of settlement results.
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